Monday, June 20, 2011

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  • DallasBlue
    07-17 12:15 AM
    Depending upon the uscis announcement in a day or two (i.e,7/17 or 7/18)things may change for the short term so we will plan any specific action item after that.

    But for now lets continue to urge everyone we know in Texas to join IV to continue pursuing our efforts as much intelligent, elite and vivid group for acheiving our goals and objectives.

    Guys,

    Just recently moved from Milwaukee, WI to Plano, TX (DFW) area. Just let me know what need to be done from my side. Awaiting eagerly.

    - BharatPremi




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  • hkimmi
    12-22 06:05 PM
    Does one have to stick to old employer for 180 days after I-140 is approved before person can start with new employer and port priority date from previous job ?


    I never heard of that 180 day rule for I140.. better to check with Attorney...

    even Iam interested to know that .....




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  • gcadream
    03-01 10:02 AM
    Another front to think about :

    Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.

    So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.




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  • Saralayar
    07-20 09:43 PM
    Yes, it's definitely a issue. Talk to your lawyer immediately.

    Even though the form looks similar, G-325A requires 4 copies where G-325 has only 2 copies. I was almost about to make the same mistake.

    I also did the same mistake. But when verifying before sending it to our immigration department, I found that I need to fill G325A. Then I filled the G325A and sent.



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  • gcdreamer05
    11-12 04:02 PM
    Folks, wanted to share the feedback from my immigration attorney, the attorney office which did my h1b, h4, eb3 etc, it is a pretty big firm and has good reputation.

    The attorney clearly told me, that as long as there is no salary and if it is volunteering then we can go ahead whether it is profit making or non-profit it does not matter.

    Now im still confused what do i do......

    to be on safer side i may suggest going for non-profit org.




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  • yabadaba
    06-21 07:35 AM
    Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.



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  • larun
    02-04 08:57 AM
    Congratulations!!




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  • andy_traps
    04-18 08:46 PM
    Folks,

    Does anyone know what's going on with the immigration bills? The last 3 weeks saw some new bills introduced in Congress. But no action seems to be taken or planned for these bills!

    Matthew Oh has posted a link to SKIL Act of 2007 on his blog. I don't know what to make of this posting -- does it mean that it has been introduced in the Senate in the sense that it is ready for debate? Or does it mean that it has just been assigned a bill number and is now ready to catch dust.

    Does anyone have any updates to share with the rest of us?

    Thanks,
    Andy



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  • nixstor
    11-04 02:27 PM
    Here's my exact situation:

    - My employer is company A
    - I am assigned by Company A to Company B (corp-to-corp)
    - Company B assigned me to Client X

    - I want to move to Company Z
    - Company Z would assign me to the same Client X

    My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A

    Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.

    Any thoughts?

    It depends on how big the company is. Companies like Bearingpoint, Accenture will take them seriously some times. If this is just yet another staffing firm, they are not going to waste their money for a lawyer and time on you. As others said, these contract papers have no value. (unless they spent like 10K on training you outside of the company).




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  • shirish
    10-02 11:14 AM
    I am in a similer situation, Did not get a clear answer from any one, but i was told that if i use EAD then my son has to use the I-485 receipt notice and the ap ti renter and the receipt will keep him in legal status.

    I am bit confusedon this though.



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  • eb3retro
    06-17 05:51 AM
    Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.

    Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.

    it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.




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  • GC_2007
    12-22 12:09 PM
    http://www.immigration.com/newsletter1/h1bguidextn6yr.pdf



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  • joeshmoe
    03-26 04:30 PM
    Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.

    Well... thanks for your reply but maybe you are one of the lucky ones who never been scr... up by the lawyers in the past. Well.. I have and others as well. Just becuase the lawyer says "it can be done" (read: pay now and we will see what USCIS will say later) I am not necessarily going to believe in that ...

    CIRcus is in the early stages of the show so hopefully it will pick up the steam soon I will not need to go through the EB2/EB3 pains ....




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  • shivaz90
    07-16 10:40 PM
    It's pretty strange..I really don't understand...why the entire credit is either being given to IV...or for that matter to AILA/AILF....Everyone has contributed....

    People about to file I-485 have spread the word to everyone abt the injustice done to them...whereas each organization has done its own thing...

    I won't blame or taunt AILA/AILF....because the idea of class lawsuit itself would have scared a lot of people in USCIS.....that also coming from legal organization...And filing a lawsuit takes time...there r lot of things to be considered..


    Well .. lets think for a second before trumpeting our victory here. And Victory, I mean is not achieved by one group over the other. Various groups and parties have put in thier efforts to find a resolution and to cast blame on one another is playing some childish games.

    Lets leave out our passion for a second and think "logically" for a second - which one of this scares the s*** out of the USCIS people here - flower campaign or a Class action lawsuit by bunch of immigration lawyers? I am not doubting anyone's efforts here - but to say that we have achieved victory here is too early, too short sighted and blaming other groups for not doing much is silly. As much as the flower campaign help spread the word among the media of the plight of legal immigrants - the proposed lawsuit has made USCIS tremble in thier pants.

    Sheikh - couldn't agree more here with you.



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  • ddanait
    02-11 01:03 PM
    How does one access donor forum? I ahve donated some sum and I am a registered member




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  • deba
    09-09 10:28 PM
    Nothing surprising here. I have yet to hear about one desi employer who has not exploited H1b. The system is set up to favor the employer. Employees hardly have a choice. Those in favor of increasing the quota should also lobby for complete portability without any penalty to keep the system fair.

    Deb
    Contrib $600 so far + $300 for rally
    EB2 India PD 03/05
    I140 09/07
    I485 07/07



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  • sameer2730
    06-21 05:12 AM
    File electronically this time. Its not hard and less chances of error. Make sure you provide the correct country of citizenship. It is right after your address and a lot of people including myself chose USA there.




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  • mishras
    05-14 09:13 AM
    Hi,

    Received REF this week: for LCA vioation for a particular period.
    I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
    My employer missed filling LCA FOR 2006.

    Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....




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  • nb_des
    04-15 02:59 PM
    Yes, if my LC will get approved in the iterim, I might be safe, but with no time left on the H1-B, and with the reduction of salary that will be applied very soon, I don''t think this is going to happen. Unless, as you said, I won't be lucky enough to get approved really soon.

    Again your LC approval has no direct connection with what you are being paid currently. LC is for future job so I find it unlikely that DOL will factor your current salary in any way. They may consider your employer's ability to pay the stated salary on LC based on their finacial situation but your current pay stub should not matter.

    Does that answer your question?




    cjain
    11-13 09:32 AM
    Tom,

    This is completely false. Even if the employer revokes an un approved i-140, the I-485 is not affected if the following conditions are met:

    - I-140 should've been "approvable when filed"
    - New job should be in same/similar field

    Read the Aytes Memo (google: aytes memo) for more clarification.

    and stop spreading lies

    The AC21 can be used only if the following 2 conditions are met:
    a. I140 is approved.
    b. 180 days after the receipt date of I1485.

    One may leave the employer even before the 180 days or before the 140 approval with a risk that the emploeyer will not revoke I140 and no RFE comes for 485. The safest is to use AC21 only after the I140 approval.

    If 180 days passed (485 receipt date) and if I140 is approved, there is no problem even if the employer revokes the I140 after you move the company. You may get an RFE to produce the offer letter from the new company.




    Templarian
    11-26 11:09 AM
    While I quite like TheCanadian's idea, you can use the one I made. :lol:



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